S.C. Code Regs. § § 61-107.279.D.33

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-107.279.D.33 - Petroleum Fund

a. No person may recover from the owner or operator of a registered used oil collection facility that accepts used oil from the public (do-it-yourselfers) in five (5) gallon or less quantities any costs of response actions resulting from a release of either used oil or a hazardous substance from a used oil collection facility if such used oil is:

(1) not mixed with any hazardous substance by the owner or operator of the used oil collection facility;

(2) not knowingly accepted with any hazardous substances contained in it;

(3) from the public (do-it-yourselfers) and stored in a separate collection container;

(4) transported from the used oil collection facility by a registered used oil transporter; and,

(5) collected in a used oil collection facility that is in compliance with this subpart.

b. If a hazardous substance is found to be mixed with used oil accepted from the public at a registered used oil collection facility, any costs for the proper disposal of this contaminated waste will be incurred by the Petroleum Fund, if no more than five (5) gallons of used oil was accepted from any one person at any one time. This subsection applies to that portion of the used oil collection facility utilized for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection facility. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of state or federal law, including common law, for injury or damage resulting from the release of used oil or hazardous substances. For the purpose of this subsection, the owner or operator of a used oil collection facility may presume that a quantity of no more than five (5) gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, if the owner or operator acts in good faith and in the belief the oil is generated from the individual's personal activity.

S.C. Code Regs. § 61-107.279.D.33

Added by State Register Volume 19, Issue No. 7, eff July 28, 1995.